WHAT IS PROPERTY?
[property law 1.1]
,scholarly definitions of property
➔ Hohfeld defined property as a ‘bundle of rights’
◆ Criticised by Penner for just being a slogan that conjures up an image, not a thesis
➔ Kohler defined property as a ‘man-made construct’ to control and regulate the
allocation of finite resources
➔ Gray and Gray define property as a network of jural relationships
◆ Makes land law a body of rules which governs the distribution of utility
➔ Gray in ‘Property in Thin Air’ called property a relative concept
◆ Has moral limits and can be interpreted as control over access
◆ Is relative because it’s a dynamic continuation (notion is constantly fluctuating; not static)
,case law definitions of property
➔ Definition given in R (Lord Chancellor) v Chief Land Registrar
◆ Property isn’t the building itself, but a bundle of rights and obligations relating to it
➔ Definition given in Australian case of Milirrpum v Nabalco Pty Ltd
◆ Property ‘generally implies the right to use or enjoy, the right to exclude others, and the
right to alienate’
➔ Definition given in Yanner v Eaton
◆ Is a legally endorsed concentration of power over things
◆ Makes property a power relationship between a person and the thing
, statutory definition of property
➔ Definition in S205(1)(xx) Law of Property Act 1925
◆ ‘“Property” includes any thing in action and any interest in real or personal property’
➔ Different definition in the context of criminal law in S4(1) Theft Act 1968
◆ ‘“Property” includes money and all other property, real or personal, including things in
action and other intangible property’
[property law 1.1]
,scholarly definitions of property
➔ Hohfeld defined property as a ‘bundle of rights’
◆ Criticised by Penner for just being a slogan that conjures up an image, not a thesis
➔ Kohler defined property as a ‘man-made construct’ to control and regulate the
allocation of finite resources
➔ Gray and Gray define property as a network of jural relationships
◆ Makes land law a body of rules which governs the distribution of utility
➔ Gray in ‘Property in Thin Air’ called property a relative concept
◆ Has moral limits and can be interpreted as control over access
◆ Is relative because it’s a dynamic continuation (notion is constantly fluctuating; not static)
,case law definitions of property
➔ Definition given in R (Lord Chancellor) v Chief Land Registrar
◆ Property isn’t the building itself, but a bundle of rights and obligations relating to it
➔ Definition given in Australian case of Milirrpum v Nabalco Pty Ltd
◆ Property ‘generally implies the right to use or enjoy, the right to exclude others, and the
right to alienate’
➔ Definition given in Yanner v Eaton
◆ Is a legally endorsed concentration of power over things
◆ Makes property a power relationship between a person and the thing
, statutory definition of property
➔ Definition in S205(1)(xx) Law of Property Act 1925
◆ ‘“Property” includes any thing in action and any interest in real or personal property’
➔ Different definition in the context of criminal law in S4(1) Theft Act 1968
◆ ‘“Property” includes money and all other property, real or personal, including things in
action and other intangible property’
